EPA v. FLOUR CITY ARCHITECTURAL METALS, INC.

Case summary

SMITH OWNS AND OPERATES A MANUFACTURING FACILITY LOCATED AT 530 N. 2ND STREET, CAMBRIDGE, OH, WHERE IT MAKES PREFABRI- CATED STEEL WALL UNITS. IN THE PROCESS, SMITH GENERATES PROCESS WASTEWATER FROM THE CHEMICAL CONVERSION COATING OF ALUMINUM. THIS WASTEWATER IS A RCRA HAZARDOUS WASTE AND FOR A PERIOD OF TIME WAS DIVERTED INTO SURFACE IMPOUNDMENTS. - THESE SURFACE IMPOUNDMENTS WERE THE SUBJECT OF AN ADMINISTRA TIVE COMPLALINT IN 1986. THE COMPLAINT WAS RESOLVED IN 1988 BY THE ENTRY OF A CONSENT AGREEMENT AND FINAL ORDER (CAF0). THE CAFO OBLIGATED SMITH TO IMPLEMENT AND MAINTAIN A GROUND- WATER MONITORING SYSTEM, TO SUBMIT CLOSURE AND POST-CLOSURE PLANS FOR THE IMPOUNDEMENTS AND TO ESTABLISH AND MAINTAIN FI NANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE. - SINCE THE ENTRY OF THE CAFO, SMITH HAS BEEN REMISS IN THE PERFORMANCE OF ITS DUTIES UNDER THE AGREEMENT. THE GROUND- WATER MONITORING PLAN WAS OPERATED IMPROPERLY FOR A TWO YEAR PERIOD; THE CLOSURE PLAN WAS SUBMITTED LATE, DISAPPROVED, AND NEVER, AS REQUIRED BY THE CAFO, RESUBMITTED WITH MODIFI- CATIONS; FINANCIAL ASSURANCE FOR CLOSURE HAS NEVER BEEN ESTA BLISHED; NOR HAS SMITH MAINTAINED SUDDEN AND NONSUDDEN LIA- BILITY COVERAGE. - BECAUSE OF THIS POOR PERFORMANCE HISTORY AND THE INABILITY TO REMEDY THESE ISSUES THROUGH ADMINISTRATIVE ACTIONS, WE ARE SEEKING THE FILING OF A COMPLAINT IN FEDERAL COURT. THE U.S.EPA IS SEEKING AN ORDER REQUIRING SMITH TO SUBMIT A MODI FIED CLOSURE PLAN; TO ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE; TO OBTAIN SUDDEN AND NONSUDDEN LIBILITY COVERAGE; AND TO IMPLEMENT AND MAINTAIN THE GROUNDWATER MONITORING PLAN RECENTLY APPROVED BY THE STATE OF OHIO. WE ALSO SEEK THE AWARDING OF ATTORNEY'S FEES AND COSTS AND SUCH OTHER RE- LIEF AS THE OCURT MAY DEEM APPROPRIATE.

Defendants (2)

• ARMCO, INC.Named in complaintNamed in settlement
• FLOUR CITY ARCHITECTURAL METALS, INC.Named in complaintNamed in settlement

Facilities (1)

• AK STEEL COPORATION

  530 N SECOND ST, CAMBRIDGE, OH, 43725

  Registry ID: 110000748656

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• FLOUR CITY ARCHITECTURAL METALentered 1996-07-18

  Primary law: RCRA

  Federal penalty: $100,000

Timeline (6 milestones)

• 1988-05-01Enforcement Action Data Entered
• 1991-03-29Referred To Dept Of Justice
• 1996-03-28Complaint Filed With Court
• 1996-07-18Concluded
• 1996-07-18Final Order Lodged
• 1996-07-18Final Order Entered